How do I serve an incarcerated individual with legal papers?

The party I want to service is in prison or jail. How do I notify them of the court case I am filing against them?

Answer

New York Correction Law § 620 and CPLR 308 govern service upon incarcerated individuals. There are no sample forms and limited discussion on this topic. A leading case is Montes v Seda, 57 Misc2d 895 (Sup Ct, NY County 1993), available through the New York Official Reports Service.

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  • Last Updated Jun 02, 2022
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